In deciding whether to seek a guardianship for a disabled loved one, understanding the rights and duties of the disabled loved one (referred to by law as a "Ward") is critical.  Last week's blog post explained the first 12 of the specificallyl listed rights that a Ward has in a guardianship matter.  Today's blog will summarize the remaining rights that a Ward has by Texas law.   

Thirteenth, the right to participate in social, religious and recreational activities, training, employment, continuing education and rehabilitation in the most integrated setting available.

Fourteenth, the right to make decisions about the disposition, handling and maintenance of property owned by the Ward, after essential living expenses are properly met. 

Fifteenth, the right to personal privacy and confidentiality to the extent possible.

Sixteenth, the right to private communications and visitation with persons of the Ward's choice, unless such access or communication causes substantial harm to the Ward.

Seventeenth, the right to petition the Court and to retain an attorney to pursue modification or termination of the terms of the guardianship.

Eighteenth, the right to vote, marry, obtain and retain a driver's license (unless such rights are specifically removed in the guardianship order).

Nineteenth, the right to have the Guardian or the Guardian's designee personally visit at least quarterly.

Twentieth, the right to contact information of the Disability Rights Texas (an organization that assists disabled adults in guardianship matters), Judicial Branch Certification Commission, independent living centers, area agency on aging, an aging and disability resource center, a local mental  health and intellectual and development disability center and other available resources for assistance.

Twenty-first, the right to contact the Texas Department of Family and Protective Services to report abuse, neglect, exploitation or violation of personal rights without fear of punishment, interference, coercion or retaliation; and

Twenty-second, the right to have the Guardian explain these rights annually.

These important rights should be carefully protected in a guardianship, to maintain as much autonomy, independence and happiness as possible for the loved one.  When facing the important decision of whether to pursue a guardianship, you should fully understand the ramifications.  Consulting with an experienced guardianship attorney is critical in the decision-making process.  The guardianship attorneys of Christiansen Law Firm have the needed experience to properly guide families through the process. Contact the Houston or San Antonio offices of Christiansen Law Firm to arrange a consultation to discuss your matter today.